Show us your contract...

Don Bloom · October 24th, 2006, 10:04 AM

Peter,
I can't recall all of the details but I seem to remember that 1 guy got clobbered in court after he was involved in a car accident on the way to the reception. He got rearended by a truck and not only destroyed his car but his gear as well. He fortunatly ws not hurt badly. He got ahold of the B&G at the reception and told them what happened and that he had someone to cover the reception for him. They appearantly didn't like that as they said that there contract was with HIM and nowhere in the contract did it state anything about liability if he was involved in an accident on the way to the wedding or reception nor did it say anything about sending in someone else. Even though he tried to reason with them AND offered to refund 1/2 of the money they took him to court and the judge sided with them. Now the judge had the discretion to go either way but since the contract was not specifiic about those items they were not only awarded the WHOLE amount of money but also a sizable award for pain and suffering because they didn't have a video of their wedding per the contract even though the guy did edit and produce the PREP, CEREMONY and FORMAL PHOTO SHOOT as per the contract. He was devastated by the award both personally and financially, sold ALL of his gear, ran up his credit cards and had to borrow money to pay the award.
Now remember I was not involed in this venture so eveything is hearsay and although it sounds like drastic overkill on the courts side not to mention on the couples part I do know that this guy DID get out of the business because of the lawsuit.
I honestly don't remember what the other deal was but I know for a fact that the other guy was also sued for something relating to the video business and he too sold out and quit the buisness.

Sounds stupid I know, but that's how I heard it.

Don

Peter Jefferson · October 24th, 2006, 11:44 AM

Quote:

Originally Posted by Don Bloom

Peter,
I can't recall all of the details but I seem to remember that 1 guy got clobbered in court after he was involved in a car accident on the way to the reception. He got rearended by a truck and not only destroyed his car but his gear as well. He fortunatly ws not hurt badly. He got ahold of the B&G at the reception and told them what happened and that he had someone to cover the reception for him. They appearantly didn't like that as they said that there contract was with HIM and nowhere in the contract did it state anything about liability if he was involved in an accident on the way to the wedding or reception nor did it say anything about sending in someone else. Even though he tried to reason with them AND offered to refund 1/2 of the money they took him to court and the judge sided with them. Now the judge had the discretion to go either way but since the contract was not specifiic about those items they were not only awarded the WHOLE amount of money but also a sizable award for pain and suffering because they didn't have a video of their wedding per the contract even though the guy did edit and produce the PREP, CEREMONY and FORMAL PHOTO SHOOT as per the contract. He was devastated by the award both personally and financially, sold ALL of his gear, ran up his credit cards and had to borrow money to pay the award.
Now remember I was not involed in this venture so eveything is hearsay and although it sounds like drastic overkill on the courts side not to mention on the couples part I do know that this guy DID get out of the business because of the lawsuit.
I honestly don't remember what the other deal was but I know for a fact that the other guy was also sued for something relating to the video business and he too sold out and quit the buisness.

Sounds stupid I know, but that's how I heard it.

Don

No not stupid at all... its elements like this which are not covered in contracts which cause problems.
I feel for your friend, and i dont know if my own agreement covers things like this, however i have stated that we cant be responsible for elements "beyond our control" which could fall into this category. I also cover vehicle breakdowns etc so that too may cover it..

Learning from others "mistakes' be they deliberate or not, or minor errors or devastating lifechanging events is the only real way to be exposed to elements like this.
Its the only way to assume the worst and to take action before it gets to that point of demise.
I can understand the clients point of view, however, as i mentioned in my previous post, the law doesnt care about the business, they only care about the general public so i can see how your friend could have lost the case. In many cases, there is no backup shooters in case of accidents... but im yet to hear anyone be taken to court after an accident. But as i always say, ive seen bizarre things in this industry and this is jsut another nail in the coffin for it..

Michael McGruder · October 26th, 2006, 11:56 PM

Don - realizing that this was hearsay and not all of the details might known, but isn't this the reason why we have insurance that covers us during our events?? (assuming one might have the right coverage in place to insure liability in the event of accidents..)

-Michael

Don Bloom · October 27th, 2006, 05:44 AM

The Liability insurance you speak of is for PHYSICAL LIAILBITY-IE, grandma 'trips' over your tripod at the reception or drunk uncle Charlie 'falls down' because of the wire that you had running to 'power' your camera.
I don't think even E&O is the right policy for the type situation that occured.
No, this is something that, IMLawyersO, has to be covered by language in your service agreement
His insurance DID cover the gear and the car (of course they went after the thruck driver and the insurance company got their money back and he did get a bit out of it but it took a long time)
I haven't yet found insurance to cover me in case I physically can't be at the event due to whatever reason but honestly even if I did find it my lawyer feels that the language is strong enough to cover me for any reason.
Don

Jason Robinson · October 27th, 2006, 10:10 AM

Quote:

Originally Posted by Don Bloom

I haven't yet found insurance to cover me in case I physically can't be at the event due to whatever reason but honestly even if I did find it my lawyer feels that the language is strong enough to cover me for any reason.
Don

The more I read this thread, the more I need insurance and a lawyer for a contract. Having neither (but also only have ~4 clients a year) means I barely have the funds to pay for the insurance + lawyer.

What does a contract lawyer cost (assuming US prices) for a service contract like that?

jason

Don Bloom · October 27th, 2006, 11:01 AM

Lawyers are like videographers. differnt rates for different jobs. I suggest you contact your local BAR (nit the drinking kind ;-O) Association and tell them you need a CONTRACT ATTORNEY-many times they have a special deal where you can go in for a consult for minimal cost, maybe $25 or $50. Explain what you want then ask how much. It could be a flat rate of a couple hundred-OR you might try a law school in the area and see if they have a clinic and if so find out if they can handle a contract for you.

Don

October 24th, 2006, 10:04 AM	#16
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	Peter, I can't recall all of the details but I seem to remember that 1 guy got clobbered in court after he was involved in a car accident on the way to the reception. He got rearended by a truck and not only destroyed his car but his gear as well. He fortunatly ws not hurt badly. He got ahold of the B&G at the reception and told them what happened and that he had someone to cover the reception for him. They appearantly didn't like that as they said that there contract was with HIM and nowhere in the contract did it state anything about liability if he was involved in an accident on the way to the wedding or reception nor did it say anything about sending in someone else. Even though he tried to reason with them AND offered to refund 1/2 of the money they took him to court and the judge sided with them. Now the judge had the discretion to go either way but since the contract was not specifiic about those items they were not only awarded the WHOLE amount of money but also a sizable award for pain and suffering because they didn't have a video of their wedding per the contract even though the guy did edit and produce the PREP, CEREMONY and FORMAL PHOTO SHOOT as per the contract. He was devastated by the award both personally and financially, sold ALL of his gear, ran up his credit cards and had to borrow money to pay the award. Now remember I was not involed in this venture so eveything is hearsay and although it sounds like drastic overkill on the courts side not to mention on the couples part I do know that this guy DID get out of the business because of the lawsuit. I honestly don't remember what the other deal was but I know for a fact that the other guy was also sued for something relating to the video business and he too sold out and quit the buisness. Sounds stupid I know, but that's how I heard it. Don

October 26th, 2006, 11:56 PM	#18
Michael McGruder Regular Crew Join Date: Mar 2005 Location: Grand Junction, CO Posts: 61	Don - realizing that this was hearsay and not all of the details might known, but isn't this the reason why we have insurance that covers us during our events?? (assuming one might have the right coverage in place to insure liability in the event of accidents..) -Michael

October 27th, 2006, 05:44 AM	#19
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	The Liability insurance you speak of is for PHYSICAL LIAILBITY-IE, grandma 'trips' over your tripod at the reception or drunk uncle Charlie 'falls down' because of the wire that you had running to 'power' your camera. I don't think even E&O is the right policy for the type situation that occured. No, this is something that, IMLawyersO, has to be covered by language in your service agreement His insurance DID cover the gear and the car (of course they went after the thruck driver and the insurance company got their money back and he did get a bit out of it but it took a long time) I haven't yet found insurance to cover me in case I physically can't be at the event due to whatever reason but honestly even if I did find it my lawyer feels that the language is strong enough to cover me for any reason. Don

October 27th, 2006, 11:01 AM	#21
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	Lawyers are like videographers. differnt rates for different jobs. I suggest you contact your local BAR (nit the drinking kind ;-O) Association and tell them you need a CONTRACT ATTORNEY-many times they have a special deal where you can go in for a consult for minimal cost, maybe $25 or $50. Explain what you want then ask how much. It could be a flat rate of a couple hundred-OR you might try a law school in the area and see if they have a clinic and if so find out if they can handle a contract for you. Don